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october 1955

Supreme Court of India · 1955-10-11

DAJISAHEB MANE AND OTHERS vs SHANKAR RAO VITHAL RAO MANEAND ANOTHER.

Citation / case number
SC 1953/1408
Court
Supreme Court of India
Petitioner
DAJISAHEB MANE AND OTHERS
Respondent
SHANKAR RAO VITHAL RAO MANEAND ANOTHER.
Bench
DAS, SUDHI RANJAN,BOSE, VIVIAN,JAGANNADHADAS, B.,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court ruled that Article 133 of the Constitution does not apply to appeals against High Court judgments regarding property values between Rs. 10,000 and Rs. 20,000. It held that the defendants had a vested right to appeal to the Federal Court as the properties exceeded the requisite value, and thus, the appeal to the Supreme Court was competent under Article 135. The Court clarified that the term 'exercisable' in Article 135 encompasses jurisdiction that was available immediately before the Constitution came into effect, rejecting a narrower interpretation.

DAJISAHEB MANE AND OTHERS vs SHANKAR RAO VITHAL RAO MANEAND ANOTHER. · Niyam